NextLevel Law by Daniel R. Hernandez, Esq.

Call 312-530-8002

NextLevel Law by Daniel R. Hernandez, Esq.
312-530-8002

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Guiding Chicago LGBTQ+ Couples Through Marriage And Divorce Challenges

NextLevel Law, P.C., is a 100% LGBTQ-owned law firm that believes everyone deserves knowledgeable, experienced legal representation, including in cases of marriage and divorce.

With the passage of the Illinois Religious Freedom and Marriage Fairness Act in 2013, same-sex couples now enjoy equal treatment under the law. Our legal team can help same-sex couples understand the legal benefits of marriage. We can also guide LGBTQ+ couples undergoing divorce and promote their goals and interests at every step without same-sex divorce lawyers.

Helping You Navigate Legal Changes In Same-Sex Divorce Law

Like many other areas of law, marriage law – particularly for same-sex couples – feels like it’s always changing. You may wonder how these changes may affect you and whether there are any actions you need to take. The lawyers at NextLevel Law, P.C., have the knowledge and bandwidth to keep up with these changes and can serve as confidants and advisers anytime you have questions or concerns.

The Most Common Same-Sex Divorce Concerns That The NextLevel Law, P.C., Team Handles

Even LGBTQ+ marriages can end in divorce. If that happens to you, an attorney can discuss the process, help you understand your options and work toward setting you on a positive course. Daniel and his team have extensive experience handling same-sex divorce cases. They can help you navigate property and asset division matters, spousal maintenance, child custody, child support and other critical areas of family law. Our lesbian divorce attorneys will fight for a fair outcome and work hard to help you advance your interests.

Here is a breakdown of how the firm’s lawyers can assist you with the following:

  • Property division: Daniel and his team will fight for your equitable share of the marital estate so that you can remain financially secure after your divorce.
  • Spousal maintenance: If you and your spouse have vastly different incomes and assets, then Daniel can help you determine the appropriate amount of spousal support payments to ensure that you and your spouse can maintain a reasonable standard of living.
  • Child custody: They can help you work through the difficult decisions about parental responsibility and parenting time while keeping your children’s best interests in mind.
  • Child support: The attorneys at NextLevel Law, P.C., can help you and your spouse determine the amount of child support that each of you will pay or receive. They can also help you request modifications to your child support agreement when there’s a major life change.
  • Investments and retirement accounts: Assets, including investment and retirement accounts, are subject to equitable division during a divorce. Daniel can help you protect your financial future through his persistent advocacy.
  • Post-divorce enforcement and modifications: When you or your spouse’s standard of living changes dramatically after divorce, Daniel and his team can help request modifications to spousal and child support payments. They can also help enforce the required payments if your spouse withholds them.

Have additional questions about your divorce and how to navigate it? Contact the firm’s gay divorce lawyers today.

Safeguard Your Assets From The Get-Go Through LGBTQ+ Prenuptial Agreements And Postnuptial Agreements

For LGBTQ+ couples with a civil union history, transitioning to marriage presents unique legal challenges, particularly around asset division. Without a prenuptial agreement, the intricacies of who owns what can become a tangled issue in the event of a divorce, especially when they involve significant assets owned prior to the marriage. A postnuptial agreement, created after marriage, becomes an essential tool to untangle these complexities. It allows couples to document their understanding of each other’s financial rights and expectations, taking into account the assets each partner brought into the civil union.

This legal framework not only safeguards assets acquired before and during the union but also reflects the individual nature of your relationship. As you move from civil union to recognized marriage, the postnuptial agreement stands as a testament to your joint intent, providing a clear roadmap for asset division and offering a solid foundation for your new legal status. Establishing this agreement post-marriage can alleviate future legal hurdles, ensuring both parties are on the same page and protected, regardless of what the future may hold.

Get Your Marriage Legally Recognized By The State

If you and your spouse were married in another state, your marriage is legal in Illinois. If you and your partner are in a civil union and wish to be married by the state of Illinois, you must convert your union into a marriage. You can do this at your local county clerk’s office. While civil unions are still valid, they don’t automatically convert into marriages, and couples in civil unions do not share all the same benefits and rights as those who are married do.

The firm’s LGBTQ+ divorce attorneys can help guide you through either of these processes and ensure that you complete the paperwork neatly and correctly to obtain your desired marital status.

Assistance For Same-Sex Parents In Child Custody Disputes

In Illinois, child custody considerations for same-sex couples, known legally as the allocation of parental responsibilities and parenting time, are determined with the child’s best interests as the central concern. The state does not automatically favor the biological parent over the nonbiological parent. Instead, factors such as the child’s needs, the parents’ circumstances, and the nature of each parent’s relationship with the child are evaluated. A same-sex child custody attorney will oftentimes be necessary in order to advocate for your parental rights.

The rights of a nonbiological parent can be complex, particularly if legal steps such as adoption have not been taken. Even if a nonbiological parent has been a significant figure in the child’s life, they may face challenges in securing parental responsibilities if they are not legally recognized. In cases where a child is born into a same-sex marriage, both parents are presumed to be legal parents, but it’s still recommended for the nonbiological parent to pursue adoption to solidify their legal standing.

For birth mothers and nonbiological parents in same-sex relationships, the law in Illinois generally provides equal treatment. However, it’s crucial for nonbiological parents to undertake a second-parent adoption to protect their parental rights fully. This process confirms the legal parent-child relationship, ensuring that the nonbiological parent’s rights are recognized, even if the relationship with the biological parent dissolves. This legal recognition is pivotal in matters of inheritance, custody, and visitation rights and it offers security and continuity for the child’s upbringing.

Contact A Cook County Same-Sex Divorce Attorney For LGBTQ+ Marriage And Divorce Issues

The lawyers at NextLevel Law, P.C., are ready to help with same-sex marriage and divorce cases. They have a proud history in the LGBTQ+ community and can help you pursue your desired outcomes with tenacity and professionalism.

To ensure that the firm is providing affordable legal services, we never bill by the hour. We only offer flat fees for their services. That way, you know how much your case will cost.

Schedule an initial consultation at NextLevel Law, P.C., today by calling 312-530-8002 or completing the online contact form. Our team handles cases in English and Spanish and proudly accepts cases throughout Chicago and the greater Cook County area.